Smoot was in a happy position: all the senators who represented the "Interests" were for him, and all the senators who represented the supposed progressive sentiment of Theodore Roosevelt were also for him. The women of the nation had sent a protest with a million signatures to the Senate; but they had not votes; they received, in reply, a public scolding. Long before the Senate voted on its committee's report, many of the notorious "new" polygamists of the Church returned from their exile in foreign missions and began to walk the streets of Salt Lake with their old swagger of self-confident authority. We foresaw the end.
Early in December, 1906, Senator J. C. Burrows of Michigan, chairman of the committee that had investigated Smoot, called up the committee's report and spoke upon it in a denunciation of Smoot. Senator Dubois of Idaho followed, two days later, with a supplementary attack, and censured President Roosevelt for "allowing his name and office" to be used in defense of the Mormons. After an interval of a month, Senator Albert J. Hopkins, of Illinois, undertook to reply with a defense of Smoot that reduced the Apostle's excuses to the absurd. Smoot, he declared, had opposed polygamy, "even from his infancy;" there was "nothing in the constitution" prohibiting "a State from having an established Church;" the old practices of Mormonism were dying out; and Smoot, as an exponent of the newer Mormonism, was largely responsible for the improvement.
This bold falsehood was received with laughter by the members who had heard the testimony before the Senate committee or read the record of its sittings; but it was wired to all newspapers; and the contradictions that followed it failed (for reasons) to get the same publicity. It was repeated by Senator Sutherland (January 22, 1907); and he had the audacity to add that the Mormon Church, as well as Smoot, was opposed to polygamy; that the "sporadic cases" of new polygamy were "reprehended by Mormon and Gentile alike;" that polygamous marriages in Utah had been forbidden by the Enabling Act, but that polygamous cohabitation had been left to the state; and that the latter was rapidly dying out. And Sutherland knew, as every public man in Utah knew, that almost every word of this statement was untrue.
Senator Philander C. Knox, of Pennsylvania (February 14, 1907) took up the lie that Smoot had been "from his youth against polygamy," and he added to it a legal argument that the Senate could only expel a member, by a two-thirds vote, if he were guilty of crime, offensive immorality, disloyalty or gross impropriety during his term of service. Senator Tillman (February 15) accused President Roosevelt of protecting Smoot in return for a pledge of Mormon support given previous to the last campaign. Apostle Smoot (February 19) declared that cases of "new" polygamy were rare; that they were not sanctioned by the Church; that every case since 1890 "has the express condemnation of the Church;" and that he himself had always opposed polygamy. On February 20, the question was forced to a vote after a debate that repeated these falsehoods, in spite of all disproof's of them. And Apostle Smoot was retained in his seat by a vote of fifty-one to thirty-seven, counting pairs.
After this event, no growth of organization was immediately possible to the American party. Having gained political control of Salt Lake City and given it good municipal government, we were able to hold a local adherency; but hundreds of Mormons, who still vote the American city ticket, vote for the Church in state elections, because, though they want reform, they are not willing to risk the punishment of their relatives and the leaders of the Church to attain that reform. And when the national government granted its patent of approval to the hierarchy—by holding the hierarchy's appointed representative in the Senate as its prophetic monitor—nearly all the people of the intermountain country lost heart in the fight. Thousands of Gentiles, who knew the truth and had fought for it for years, argued despairingly: "If the nation likes this sort of thing—I guess it's the sort of thing it likes. I'm not going to ruin myself financially and politically by keeping up a losing struggle with these neighbors of mine, and fight the government at Washington besides. If the administration wants to be bossed by the Prophet, Seer and Revelator, I can stand it."
The nation, having accepted responsibility for past polygamy, now, by accepting Senator Smoot, gave its responsible approval to the new polygamy and to the commercial and political tyrannies of the Church. In the old days the Mormons had claimed immunity for their practice of polygamy on the ground that the constitution of the United States protected them in the exercises of their faith. The Supreme Court of the country determined that the free-religion clause of the constitution did not cover violations of law; and the Church deliberately abandoned its claim of religious immunity. But now a majority of the Senate, supported by President Roosevelt, took the old ground—which the Supreme Court had made untenable and the Mormons themselves had vacated—and practically declared that violations of law were a part of the constitutional guaranty!
Chapter XVI. The Price of Protest
The members of the Mormon hierarchy continually boast that they are sustained in their power—and in their abuses of that power—"by the free vote of the freest people under the sun." By an amazing self deception the Mormon people assume that their government is one of "common consent;" and nothing angers them more than the expression of any suspicion that they are not the freest community in the world. They live under an absolutism. They have no more right of judgment than a dead body. Yet the diffusion of authority is so clever that nearly every man seems to share in its operation upon some subordinate, and feels himself in some degree a master without observing that he is also a slave.
The male members of the ward—who would be called "laymen" in any other Church—all hold the priesthood. Each is in possession of, or on the road to, some priestly office; and yet all are under the absolutism of the bishop of the ward. Of the hundreds of bishops, with their councillors, each seems to be exercising some independent authority, but all are obedient to the presidents of stakes. The presidents apparently direct the ecclesiastical destinies of their districts, but they are, in fact, supine and servile under the commands of the apostles; and these, in turn, render implicit obedience to the Prophet, Seer and Revelator. No policy ever arises from the people. All direction, all command, comes from the man at the top. It is not a government by common consent, but a government of common consent—of universal, absolute and unquestioning obedience—under penalty of eternal condemnation threatened and earthly punishment sure.